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1. Can an EU trade mark or a national trade mark registered in a Member State be declared wholly or partially invalid on the ground that some or all of the terms in the specification of goods and services are lacking in sufficient clarity and precision to enable the competent authorities and third parties to determine on the basis of those terms alone the extent of the protection conferred by the trade mark?
2. If so, is a term such as ‘computer software’ too general and [does it cover] goods which are too variable to be compatible with the trade mark’s function as an indication of origin for that term to be sufficiently clear and precise to enable the competent authorities and third parties to determine on the basis of that term alone the extent of the protection conferred by the trade mark?
3. Can it constitute bad faith simply to apply to register a trade mark without any intention to use it in relation to the specified goods or services?
4. If so, does the bad faith infect the whole mark rendering it invalid?
5. Is section 32(3) of the UK Trade Marks Act 1994 is compatible with the EU Trade Mark Directive and its predecessors?
The referred questions relate to some important aspects of EU trade mark law and the functioning of the trade mark specification. It has prompted much discussion about the circumstances in which trade mark proprietors in the EU can expect to obtain and rely on broad specifications in registrations. A closer look at the CJEU decision will follow.
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Category: News | Author: Louise Foster | Published: | Read more